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Alabama court orders Moore trial open to public

By The Associated Press
10.31.03

MONTGOMERY, Ala. — The judicial ethics trial of suspended Supreme Court Justice Roy Moore will be open to the public, but getting a seat may require planning and patience.

The Court of the Judiciary ruled Oct. 29 that Moore’s Nov. 12 trial would be held in the courtroom of the Alabama Supreme Court in the Alabama Judicial Building.

Moore had asked that his trial be held somewhere like the 7,000-seat Montgomery Civic Center or the 1,200-seat Davis Theater in Montgomery, calling the Supreme Court courtroom that is normally used by the Court of the Judiciary “small” and “restrictive.” Moore claimed any smaller location would restrict media access and deny him his constitutional right to a public trial.

But the court rejected Moore’s request Oct. 29, ruling instead that the case would be heard in the 210-seat Supreme Court courtroom to minimize costs and maintain proper security. The court laid out a plan for setting aside seats for the general public and the media.

Moore’s lawyers said the decision meant the chief justice could not obtain a “fair, public trial.”

“Further, Moore’s legal team advised him that in light of the rulings of the COJ denying him his basic legal rights, that an adverse ruling from the COJ is inevitable, which may well include his imminent removal from office,” the attorneys said in a statement yesterday.

The Judicial Inquiry Commission charged Moore with violating judicial standards by refusing to obey a federal judge’s order to remove his 5,300-pound Ten Commandments monument from the rotunda of the judicial building. The monument was removed on order of the eight Supreme Court associate justices after Moore’s suspension.

To attend the trial, members of the public must reserve seats inside the courtroom. Reservations for seats are being taken at the security desk inside the main entrance to the Alabama Judicial Building. Photo identification will be required to register for a seat and to enter the building during the trial.

Some seats inside the courtroom will be reserved for members of the news media, the court said in its order. Members of the news media must request seats in writing to John Wilkerson, secretary of the Court of the Judiciary.

Cameras, cell phones and recording devices will not be allowed in the courtroom, although the court ordered that the news media would be allowed to photograph the reading of the final decision of the court.

Also yesterday, the Court of the Judiciary ruled that Moore could not subpoena records from the Alabama Supreme Court, the Court of Civil Appeals, the Alabama Circuit Judges Association and the District Judges Association.

The court ruling said the records were not relevant to Moore’s case.

One of Moore’s attorneys, former Supreme Court justice Terry Butts, said the subpoenas sought information on how members of the Court of the Judiciary are selected as well as copies of any letters or correspondence showing that court officials have received threats because of the Moore case.

Acting Chief Justice Gorman Houston has said his life was threatened after Moore was suspended and the associate justices had the monument moved from the rotunda into a storage room.

Officials said Moore supporters have inundated members of the Court of the Judiciary with letters and calls about the case, including some that had a threatening tone.


Update
Ten Commandments judge ousted
Alabama judicial panel says Roy Moore 'placed himself above the law,' left them no choice but to remove him as chief justice. 11.14.03

Related

Ethics complaint filed over Alabama Ten Commandments monument

Attorneys take action after Alabama Chief Justice Roy Moore says he has 'no intention' of obeying federal court order to remove display. 08.15.03

Moore asks U.S. Supreme Court to allow monument

Suspended Alabama chief justice's brief says Court 'has failed to provide a uniform rule of law' on public display of religious symbols. 09.30.03

Justices won't hear Alabama dispute over Ten Commandments
Roy Moore had challenged high court to settle question, and accused justices of ducking responsibility to clarify questions about church-state separation. 11.03.03

Washington state high court upholds right to public trial
Justices order new murder trial for man after spectators were barred during part of jury selection; open-government advocates hail decision. 11.12.04

Roy Moore vs. Roger Williams: Two visions of America
By Charles C. Haynes In his Ten Commandments crusade in Alabama, Judge Moore says he's not trying to impose religion on anyone — but his actions show otherwise. 09.07.03

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